Legal Opinion
Howard Milstead v. R. Rison, Warden, Federal Correctional Institute, Talladega, Alabama and the Attorney General of Texas
Court of Appeals for the Eleventh Circuit
Decided April 4, 1983No. 82-7122PublishedCited by 6 opinions
Non-Argument Calendar.
1Per curiam
On November 28, 1979 Howard Milstead was convicted in a Texas state court of a state offense and sentenced to two to ten years imprisonment. After he had served approximately four months, he was sentenced by a federal district court in Texas to five years imprisonment based on a conviction for a federal offense. The state judge had ordered his state sentence to be served concurrently with any federal one subsequently imposed. Because it is longer, however, the state sentence will not be completed at the end of the five-year federal sentence without some action by the Texas Parole Board.…
2Cases cited3 opinions
- Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
- Jack Shields v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1967
- Thomas J. Piper, Jr. v. W.J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1973
3Cited by6 opinions
- State v. ParkerCourt of Appeals of Maryland · 1994
- Henry Clifford Byrd, Sr. v. Robert Martin, Warden, F.C.I., TalladegaCourt of Appeals for the Eleventh Circuit · 1985
- Overturf v. MassieCourt of Appeals for the Tenth Circuit · 2004
- Balboa v. SizerDistrict Court, S.D. New York · 1995
- Warren v. MyersDistrict Court, W.D. Louisiana · 2020
1 more not listed; retrieve them via the Exa API.